Ben & Jerry’s accused its parent company, Unilever, of unlawfully removing its CEO in retaliation for the ice cream brand’s social and political activism, according to a lawsuit filed in federal court.
Ben & Jerry’s alleges this action violated its 2000 merger agreement with Unilever that mandates that any decision regarding the CEO must be made in consultation with an advisory committee from the company’s independent board, according to the amended complaint.
“Social justice and human rights are core to Ben & Jerry’s DNA,” the company noted in the amended complaint. “For over four decades, the company has pursued its unique Social Mission via its public, progressive stances on issues such as migrant justice, LGBTQ+ rights, Black Lives Matter, GMO labeling, and a variety of other economic and social causes affecting historically marginalized communities.”
However, tensions between the brand and its parent company escalated following Ben & Jerry’s 2021 decision to stop selling its products in Israeli settlements in the West Bank and contested East Jerusalem.
The following year, Unilever sold the Israeli business rights to a local company, allowing continued sales of the brand under its Hebrew and Arabic names across Israel and the West Bank.
The amended complaint asserts that Unilever has repeatedly interfered with the ability of Ben & Jerry’s to engage in social activism.
The complaint states that during the ongoing war in Gaza, Unilever blocked multiple attempts by Ben & Jerry’s to issue public statements supporting peace and human rights. The ice cream company alleges that Unilever prohibited it from posting a call for a cease-fire in December 2023, even though similar appeals had been made by global leaders and humanitarian organizations.
In May 2024, Ben & Jerry’s claims, it sought to issue a statement supporting safe passage for Palestinian refugees, in alignment with its longstanding advocacy for refugee rights, but that Unilever prevented its release without consulting the independent board.
The amended complaint includes an email exchange in which Ben & Jerry’s Chairwoman Anuradha Mittal questioned the rationale behind blocking the statement. Unilever’s Peter ter Kulve, business group president of ice cream, allegedly cited concerns about “perceptions of antisemitism” without providing supporting evidence.
The complaint also states that in June 2024, Unilever stopped Ben & Jerry’s from releasing a statement supporting student protesters’ First Amendment rights during campus demonstrations about Gaza.
Additionally, the complaint claims that in September 2024, Unilever blocked Ben & Jerry’s from endorsing a Senate resolution by Sen. Bernie Sanders (I-Vt.) that proposed halting $20 billion in military aid to Israel.
The 2000 merger agreement explicitly grants Ben & Jerry’s’ independent board “primary responsibility” over the company’s social mission. The amended complaint argues that Unilever’s actions undermine that agreement by suppressing statements that align with Ben & Jerry’s’ decades-long advocacy.
Unilever announced plans last May to spin off its ice cream business, including Ben & Jerry’s, by the end of 2025.
Unilever had not yet responded to the filing in court as of publication, nor did Ben & Jerry’s or Unilever respond to a request for comment from The Epoch Times before publication.
